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1. The defendant shall deliver to the Korea Land and Housing Corporation real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. The Defendant filed a lawsuit against the Defendant for the same purport of the claim as in this case and the cause of the claim, which is currently pending in the appellate trial, as the Plaintiff filed a lawsuit against the Defendant (hereinafter “prior lawsuit”), and thus, the said lawsuit is unlawful as it constitutes a duplicate lawsuit. As such, the instant lawsuit filed after the filing of the lawsuit constitutes an unlawful lawsuit.
According to the records, in a prior suit, the Plaintiff sought a delivery and receipt of real estate stated in the separate sheet against the Defendant at the first time, but subsequently withdrawn the part of the claim for transfer before the closing of argument in this case, and made a partial change in the claim for payment of transfer money, and the judgment of the first instance court is rendered only for the modified claim.
Therefore, even if the subject matter of a lawsuit is identical with the subject matter of a lawsuit in the previous lawsuit, the overlapping situation was resolved due to the interruption of the lawsuit due to the withdrawal of the lawsuit prior to the closing of argument in the previous lawsuit, and since the subject matter of a lawsuit differs from the subject matter of a lawsuit in the previous lawsuit seeking the delivery of real estate stated in the separate sheet, the defendant
2. Judgment on the merits
A. On June 26, 2012, the Defendant: (a) leased real estate listed in the separate sheet from the Korea Land and Housing Corporation every two years; (b) concluded a renewal contract between the Korea Land and Housing Corporation and the Korea Land and Housing Corporation on June 23, 2016; (c) finally, on June 23, 2016, with a lease deposit of KRW 26,596,00; (d) monthly rent of KRW 87,450; and (e) June 30, 2018 (hereinafter collectively referred to as “instant lease contract”).
(2) On June 19, 2014, the Defendant obtained a loan of KRW 20,200,000 from the Plaintiff at the rate of 4.5% per annum, interest rate of arrears 11 through 20% per annum, and due date of payment on June 30, 2014 (which was changed to June 30, 2018), and thereafter, thereafter, thereafter, objection against the Korea Land and Housing Corporation against the Plaintiff at that time.